Court Rules Arrest of Woman for Fatal Mercedes Crash in Nagpur Unlawful

A court in Maharashtra has ordered the release of Ritika alias Ritu Maloo, who was accused of causing the deaths of two men while driving under the influence of alcohol in Nagpur. The court deemed her arrest unlawful. Maloo had surrendered to the police on Monday, over four months after the incident, and was subsequently arrested.

The incident took place on February 25 on Nagpur’s Ram Jhula bridge. Maloo, allegedly intoxicated, drove her Mercedes car recklessly and collided with a scooter carrying Mohd Hussain Gulam Mustafa and Mohd Ateef Mohd Zia. Both men sustained fatal injuries from the crash.

Legal Proceedings and Court Orders

On Tuesday, the court of the 7th Judicial Magistrate First Class A V Khedkar-Garad declared Maloo's arrest unlawful and ordered her immediate release. The court also instructed that a copy of the order be sent to the police commissioner for appropriate action against the investigating officer responsible for the unlawful arrest.

Maloo was initially granted bail by another court on February 27. On March 7, police informed the court about adding section 304 (Culpable homicide not amounting to murder) of the Indian Penal Code to her charges. Despite being released on bail, new non-bailable and cognisable offences were later added.

Investigation and Arrest Issues

The JMFC court noted that an application for cancelling Maloo's bail filed by the Investigation Officer (IO) was rejected, and a revision is pending. The court stated that there was no permission given to arrest Maloo as per sections 437(5) and 439(2) of the CrPC.

The court referenced observations from the case of Pradeep Ram Vs State of Jharkhand, indicating that prior permission from the court that granted bail was necessary before arresting Maloo. The IO did not obtain such permission before proceeding with her arrest.

"Merely because anticipatory bail applications of the accused were rejected, it will not allow IO to arrest the accused without following the procedure provided by the statute," noted Judge Khedkar-Garad. Consequently, Maloo's arrest was deemed unlawful.

High Court's Stance

Late last month, the Nagpur bench of the Bombay High Court had refused pre-arrest bail to Maloo. The High Court remarked that no prudent person drives under the influence of alcohol and termed it serious misconduct.

The court directed immediate release for Maloo and mandated that a copy of its order be sent to the police commissioner for appropriate action against the Investigating Officer responsible for her unlawful arrest.

This case highlights procedural lapses in arrests and emphasises adherence to legal protocols even in severe cases involving fatalities.